Title IX Update: Advice for Schools in States where the Title IX 2024 Rule is Currently Blocked

August 30. 2024

Click here for advice to students. The below is advice for school administrators, teachers, and decision makers.

The following does not constitute legal advice. It is general information put forth by the ACLU in conjunction with partner organizations, including Equal Rights Advocates.

Title IX is a floor, not a ceiling. In states and schools where the 2024 Rule is currently blocked (listed below), nothing prevents a school from voluntarily offering protections over and above what Title IX regulations require, so long as they remain in compliance with the 2020 Rule and use fair procedures for all parties in disciplinary proceedings.

• The 2024 Title IX rule is temporarily enjoined (paused) in these states: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.

Schools can and should continue to provide greater protections than Title IX requires, including for transgender and LGBQIA+ students, and student survivors of sexual violence.

Schools can implement trans-inclusive policies and practices that explicitly prohibit anti-LGBTQIA+ harassment. They can, for example:

• adopt internal anti-harassment policies—in addition to a Title IX policy—that provide greater protection against harassment, such as a policy that uses a “severe or pervasive” legal standard (rather than the current “severe and pervasive” standard); and
• address misconduct that occurs during study abroad programs and off campus.

More information on Title IX and how to file a complaint with the Department is available on OCR’s website.

For all schools where the new rule is not temporarily blocked, the Department’s Office for Civil Rights (OCR) has made clear that as of August 1, 2024, the 2024 Rule is in effect and OCR will enforce it. OCR has released the following resources to assist with compliance with the 2024 Rule:

• Brief Overview of Key Provisions of the Department of Education’s 2024 Title IX Final Rule, which summarizes key provisions that were amended in the 2024 Rule.
• 2024 Title IX Regulations: Pointers for Implementation, which assists schools with implementation by listing key components of the 2024 Rule.
• Resource for Drafting Nondiscrimination Policies, Notices of Nondiscrimination, and Grievance Procedures, which helps schools draft compliant policies and procedures.
• Small Entity Compliance Guide, which explains the 2024 Title IX Regulations for small entities